Shipper/Consignee for CY origin shipments shall be
jointly severally and absolutely liable for any fine,
penalty or other sanction imposed upon carrier, its
agent motor/rail carrier by authority for exceeding
lawful over-the-weight limitations in connection with
any transportation services provided under this tariff
and occasioned by any act of commission or omission
of the shipper/consignee, its agent or contractors, and
without regard to intent, negligence or any other
factor. When carrier pays any such fine or penalty and
assumes any other cost or burden, arising from such an
event, it shall be on behalf of and for benefit of the
cargo interest and carrier shall be entitled to full
reimbursement therefore upon presentation of an
appropriate invoice. Nothing in this rule shall require
carrier, its agents or motor/rail carrier to resist,
dispute or otherwise oppose the levy of such a fine,
penalty or other sanction and carrier shall not have any
liability to the cargo interest should it not do so.
Any charges incurred in re-handling cargo to comply with
maximum weight restrictions will be for account of
cargo.
The party responsible (i.e., the shipper or the
consignee) for the shipment exceeding any lawful
weight limitation shall indemnify and hold the ocean
carrier transporting the shipment, its agents and the
motor/rail carrier(s), harmless from any and all
damages or liability from claims by whomever brought
arising in whole or in part from the shipment exceeding
any lawful weight limitation. Such indemnification
shall include attorneys' fees and all costs incurred in
the defense of such claim(s).